Apr 13, 2021 11:44:19 AM by Michael H
To Whom it May concern,
I ran into this issue on Upwork once before but unfortunately fell victim to it this time around. I contracted a 3D designer via the Upwork network based upon his rating. We contracted for a 3D product design on Upwork and he completed it on time. The next day, he suggested I have him build the prototype on his company contract off Upwork as it would save him fees and he could save me money. I knew this wasn't proper however, based upon the discount he gave, I agreed.
I gave him 50% upfront and he spent 2 weeks building the prototype and sent me an invoice for the remainig 50% prior to shipping. I told him I'd send the remainder once I inspected the prototype. He said this was not the industry custom and I should send the remainder first. I refused and eventually he sent the prototype. To my disappointment my suspicion was correct...not only did the not prototype work (which means the 3D files he created via Upwork are useless), he attmepted to glue the 3D printed model back together in places where it had broken. He knew the prototype was defective weeks ago which means he knew his 3D/CAD design was faulty. Instead of saying this to me, he attempted to defraud me on the contract hoping I'd pay everything and then he would have the money free and clear.
I tried texting him and asked for him to either re-do the design/prototype for free or refund the money in full. He has since blocked me from Upwork messages. But he left me a Client Review on Upwork that read, "Great Client!". LOL...great sucker more like it.
I know Upwork won't be able to get my money back and I intend to let small claims/civil court do that. My question is: how can I file a formal complaint against this freelancer so that he is blacklisted from this site and isn't able to take advantage of another client here? (And he won't be able to use Upwork as his platform to go fishing for clients avoiding their fee service)
Thank You. - (Pics of Cheap 3D prototype with glued broken pieces attached)
Apr 13, 2021 12:39:33 PM Edited Apr 13, 2021 12:40:21 PM by Jennifer R
Michael H wrote:To Whom it May concern,
I ran into this issue on Upwork once before but unfortunately fell victim to it this time around. I contracted a 3D designer via the Upwork network based upon his rating. We contracted for a 3D product design on Upwork and he completed it on time. The next day, he suggested I have him build the prototype on his company contract off Upwork as it would save him fees and he could save me money. I knew this wasn't proper however, based upon the discount he gave, I agreed.
I gave him 50% upfront and he spent 2 weeks building the prototype and sent me an invoice for the remainig 50% prior to shipping. I told him I'd send the remainder once I inspected the prototype. He said this was not the industry custom and I should send the remainder first. I refused and eventually he sent the prototype. To my disappointment my suspicion was correct...not only did the not prototype work (which means the 3D files he created via Upwork are useless), he attmepted to glue the 3D printed model back together in places where it had broken. He knew the prototype was defective weeks ago which means he knew his 3D/CAD design was faulty. Instead of saying this to me, he attempted to defraud me on the contract hoping I'd pay everything and then he would have the money free and clear.
I tried texting him and asked for him to either re-do the design/prototype for free or refund the money in full. He has since blocked me from Upwork messages. But he left me a Client Review on Upwork that read, "Great Client!". LOL...great sucker more like it.
I know Upwork won't be able to get my money back and I intend to let small claims/civil court do that. My question is: how can I file a formal complaint against this freelancer so that he is blacklisted from this site and isn't able to take advantage of another client here? (And he won't be able to use Upwork as his platform to go fishing for clients avoiding their fee service)
Go to his profile and click on the three dots in the opper right corner.
Apr 13, 2021 01:25:58 PM by Nichola L
Michael H wrote:To Whom it May concern,
I ran into this issue on Upwork once before but unfortunately fell victim to it this time around. I contracted a 3D designer via the Upwork network based upon his rating. We contracted for a 3D product design on Upwork and he completed it on time. The next day, he suggested I have him build the prototype on his company contract off Upwork as it would save him fees and he could save me money. I knew this wasn't proper however, based upon the discount he gave, I agreed.
[...]
And that, in a nutshell, is where it all went wrong. If you had reported the freelancer the minute he suggested circumventing, none of this would have happened.
Apr 13, 2021 07:44:34 PM by Michael H
Very astute of you Nichola. If only you had been there and not here....
I'm posting not seeking your advice on what should have been done. This post is intended to escalate to Upwork so that the freelancer can be dealt with and no one else be defrauded. This platform needs a formal dispute option rather than having to air everything publicly here.
But thanks for your $0.02 nonetheless. Btw, do you think the Chiefs could've had a better game against the Bucs last Superbowl? Have you told OC yet?
Apr 13, 2021 10:15:42 PM Edited Apr 15, 2021 12:10:15 PM by Valeria K
Michael H wrote:
This post is intended to escalate to Upwork so that the freelancer can be dealt with and no one else be defrauded.
**Edited for Community Guidelines**
Michael H wrote:
This platform needs a formal dispute option
It has one. But you weren't using Upwork. It's a bit like robbing a bank and your accomplice cheating you out of your proceeds, and you then expecting the bank you robbed to fix it...
Apr 14, 2021 09:42:08 AM by Michael H
That's actually incorrect Petra.
Can you show me where, in the Upwork TOS, a client is forbidden from contracting with a freelancer outside of UpWork once their initial contract is completed via Upwork?
For example, if I go to your Ebay Store and buy your goods for my first purchase...am I defrauding Ebay by going to your personal ecommerce website and buying the same goods for my second purchase? The answer would be No. It's actually a long long way from your bank robber analogy. Upwork would have been defrauded if we contracted on Upwork, then closed the contract only to complete it off-site.
The problem here is: the freelancer completed the Upwork contract and asked to perform a second off Upwork. If this is a TOS violation, the violation would be his. I felt it might be improper but, since our original contract had been satisfied we were free to do business as any other 2 people would network. I only discovered the freelancer had defrauded me of $$ after he supplied a faulty prototpye. (Which would mean his original 3D/CAD design was also faulty -> this is the nature of my dispute with the freelancer and Upwork has record of this contract.)
Also according to your handle, you're a "Community Guru"....so I assume you have a link to share re: the formal dispute option once a contract is closed? The only option I found via desktop is reporting a comment but you must know of another way. Can the community have that link?
Apr 14, 2021 10:47:21 AM by Phyllis G
Michael H wrote:That's actually incorrect Petra.
Can you show me where, in the Upwork TOS, a client is forbidden from contracting with a freelancer outside of UpWork once their initial contract is completed via Upwork?
https://support.upwork.com/hc/en-us/articles/360052511133-Circumvention
Apr 14, 2021 11:00:09 AM Edited Apr 14, 2021 11:04:37 AM by Petra R
Michael H wrote:That's actually incorrect Petra.
It actually isn't.
Michael H wrote:If this is a TOS violation, the violation would be his.
It's his and yours. Equally. You both defrauded Upwork.
The link to the terms of service you agreed to and violated have already been supplied to you (Thanks, Phyllis!).
Apr 14, 2021 11:08:32 AM by Michael H
Ok, so that's a "File not Found" on the requested links/citations then?
Apr 13, 2021 02:43:19 PM by Andrea G
Hi Michael,
I'm sorry to hear about your experience. We've escalated your concern to the team and they have reached out to you via support ticket in order to assist you further.
Thanks!
Apr 14, 2021 07:21:43 PM by Amanda L
Well, she already did post it for you, but here it is again:
7.1 MAKING PAYMENTS THROUGH UPWORK
Apr 15, 2021 12:08:34 PM by Valeria K
Hello All,
A few posts and replies have been removed from this thread and the thread has been closed from further replies.
We do encourage anybody who views this thread to check out the information about Circumvention that has been shared on this thread such as Upwork Help Article and the section 7 of the User Agreement, as well as educational Community posts here and here
I would like to note that personal attacks and public accusations of misconduct or wrongdoing are not allowed in this Community. We also will not be discussing the status of a specific account here. Please, refer to the Community Guidelines before posting again.
Thank you!